Van Epps v. Clapp

New York Supreme Court

Van Epps v. Clapp

1 Wend. 78

DecidedAugust 15, 1828

StatusPublished

This text of 1 Wend. 78 (Van Epps v. Clapp) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Van Epps v. Clapp, 1 Wend. 78 (N.Y. Super. Ct. 1828).

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Opinion

An appearance ™ri t,r ^6with out the a plaintiff will not warrant the defendant to proceed to judgment of non pros.

In this case, the capias contained an ac-eliam clause. The sheriff, without instructions or direction, permitted the dei’en^ant to indorse his appearance. The defendant ruled [79]*79the plaintiff to declare, without having filed special bail, and not receiving a declaration, entered his default and signed judgment of nonpros. The judgment was set aside as irregular, with cosls.

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An appearance ™ri t,r ^6with out the a plaintiff will not warrant the defendant to proceed to judgment of non pros.

In this case, the capias contained an ac-eliam clause. The sheriff, without instructions or direction, permitted the dei’en^ant to indorse his appearance. The defendant ruled [79]*79the plaintiff to declare, without having filed special bail, and not receiving a declaration, entered his default and signed judgment of nonpros. The judgment was set aside as irregular, with cosls.

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Bluebook (online)

1 Wend. 78, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-epps-v-clapp-nysupct-1828.